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(영문) 의정부지방법원 고양지원 2018.01.19 2017고단3121
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to a suspended sentence of two years on August 11, 2016, for special property damage in the Changwon District Court’s branch branch, and the sentence became final and conclusive on November 11 of the same year, and is still under the suspended sentence.

1. Around August 20, 2017, the Defendant violated the Road Traffic Act (drinking) driving on August 14:10, 2017, the Defendant driven a e-mail 2 Oral e-mail in the state of under the influence of alcohol content of about 0.147% in the section of about 5km from the front day of the So-dong So-dong So-dong, So-dong, Busan-dong, Gyeonggi-do to the front day of the same Gu Jungsan-dong, Seosan-dong, Seosan-dong.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving a vehicle not covered by mandatory insurance at the same time and place as the foregoing 1. Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation report (the application of the above dmark formula);

1. Reporting of investigation results;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of statutes attached to investigation reports;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act (excluding punishment) concerning the selective punishment;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, driven under the influence of alcohol without any special reason during the period of suspension of execution.

However, in the past, the previous drinking driving power is only once in 2004, and it is not very likely that it causes a relatively large danger that it will be driven by an ozone layer, etc.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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